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KAIRALLA v. MacARTHUR FOUNDATION

Case No. 87-1618.

534 So.2d 774 (1988)

Carol KAIRALLA, As Personal Representative of the Estate of Ronald Kairalla, Deceased, Appellant, v. JOHN D. AND CATHERINE T. MacARTHUR Foundation, a Foreign Corporation, C & F Management, Inc., Miami Elevator Company and Communications by Johnson, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

November 16, 1988.

Attorney(s) appearing for the Case

Kocha & Jones, P.A., and Philip M. Burlington of Edna L. Caruso, P.A., West Palm Beach, for appellant.

Shelley H. Leinicke of Wicker, Smith, Blomqvist, Tutan, O'Hara, McCoy, Graham & Lane, Fort Lauderdale, for appellee — Communications by Johnson, Inc.

GUNTHER, Judge.

The plaintiff appeals the dismissal with prejudice of Count V of her complaint for negligence. We reverse.

The trial court dismissed with prejudice the defendant, Communications By Johnson, Inc. (Johnson), on the basis that Count V of the amended complaint failed to state a cause of action because it lacked sufficient allegations of proximate cause. Although Johnson was named as a defendant in the lawsuit for the first time in Count V of the...

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